CourtCases2010

Therefore summary judgment would be inappropriate on

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Unformatted text preview: ty, yet assumed that it was. The court provided no reasoning to support its skepticism. We think the Supreme Court's analysis in Bragdon resolved the doubt raised by the Runnebaum court. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - 2. Sleeping Common sense suggests that sleeping is also a major activity in the lives of most people. A person who gets the recommended eight hours of sleep a day spends one-third of each 200 24-hour day sleeping. Moreover, sleeping is indispensable to the maintenance of personal health. Therefore, we join the Second and Tenth Circuits in holding that [**16] sleeping is a major life activity. See Pack, 166 F.3d at 1305; Colwell v. Suffolk County Police Dept., 158 F.3d 635, 643 (2d Cir. 1998); see also Criado, 145 F.3d at 442 (suggesting that sleep is a major life activity). 3. Interacting with Others The record indicates that McAlindin may be limited in a third major life activity, interacting with others. Because interacting with others is an essential, regular function, like walking and breathing, it easily falls within the definition of "major life activity." See Criado, 145 F.3d at 442 (plaintiff's mental impairment "substantially limited her ability to work, sleep, and relate to others"); Sherback v. Wright Automotive Group, 987 F. Supp. 433, 438 (W.D. Pa. 1997); EEOC on Psychiatric Disabilities at 3. A court in another circuit, however, suggested that the "ability to get along with others" was too vague to be a major life activity, yet assumed that it was a major life activity for the purposes of its decision. Soileau v. Guilford of Maine, Inc., 105 F.3d 12, 15 (1st Cir. 1997). n8 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n8 The court acknowledged that "a more narrowly defined concept going to essential attributes of human communication could, in a particular setting, be understood to be a major life activity." Soileau, 105 F.3d at 15. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**17] We see nothing in the statutory text that makes vagueness the te...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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